A former state representative who resigned because of a felony conviction has missed a deadline to voluntarily drop his bid and recover his filing fee.

An Arkansas Democratic Party spokeswoman said that former state Rep. Fred Smith and his attorneys had not responded by a Tuesday afternoon deadline to withdraw his candidacy. Spokeswoman Candace Martin said the party still considers Smith ineligible and won't be certified, but wants to give him a chance to voluntarily drop his bid.

Smith resigned from the House last year after a judge found him guilty of theft of property delivered by mistake. His attorneys told the party last week that he was in the process of getting his conviction cleared, but officials say they can't find any record of an expungement.